Court Rule 16 Feb On Jurisdiction In Alleged N950m Fraud Involving Ex-Punch Staffer
Kemisola Oye
JUSTICE Ismail Ijelu of a Lagos High Court sitting in Ikeja has fixed 16 February 2024 for ruling on the jurisdiction in the alleged Nine Hundred and Fifty Million (N950,000,000.00) fraud case against a former staff of Punch Newspaper, Olusegun Ogunbanjo.
Aside from Ogunbanjo, other defendants in the suit marked number ID/21559C/2023 including Olawunmi Ogunbanjo, Vaneloo International Limited, Valeco Global Ventures, Bagco Garba, Taofeek Ogunbanjo, Ifeanyi Odogwu, Bound Media Limited and Godwin Benson.
The trial judge, Justice Ijelu fixed 16 February for ruling after the Director of Public Prosecution (DPP), Dr Babajide Martins and first defendant counsel, Mr C.J. Jiakponna adopted their written addresses.
Mr Jiakponna in challenging court jurisdiction to hear the alleged fraud suit, 17-paragraph affidavit in support of his argument.
In his application dated 18 November 2023, he prayed the court to strike out the case for lack of jurisdiction.
He argued that the court lacked the jurisdiction to hear the case and that the case was already ongoing in Sabo-Yaba Chief Magistrate Court.
“Our application is a preliminary objection before this court that it lacks the jurisdiction to hear the case. We urge the court to strike out sane,” he prayed.
However, Dr. Martins in his 11-paragraph counter affidavit dated 11 December 2023, urged the court to dismiss the preliminary objection, noting that the objection lacks merit.
He said the case filed at the High Court superseded the case in the magistrate court.
“As soon as we realised the severity of the charge, the DPP under the directive of the Attorney-General ordered that the case be filed at the High Court. If a case is ongoing at a magistrate court and the prosecution changes its mind and wants it heard at the High Court, the law allows that.
“Once the High Court matter has been filed, that supersedes the magistrate’s and there are authorities cited to that effect.”
The DPP also argued that there was no need to notify the defence of an interim order. He added that an interim order was in terms of the law.
“If at the end of the day, the defendant is found not guilty, the properties will be returned to him. We have passed the stage where citizens will go to court to prevent prosecuting authorities from carrying out their duties.”
He therefore urged the court to dismiss the preliminary objection for lacking in merit.
It would be recalled that Ogunbanjo was arraigned before a Sabo-Yaba Chief Magistrate Court on 10 March 2023 over an alleged Nine Hundred and Fifty Million Naira (N950,000,000.00) fraud.
Magistrate Adeola Olatubosun had granted him Ten Million Naira (N10,000,000.00) bail with two sureties in like sum following his plea of not guilty to the three count charge of obtaining by false pretences, forgery and stealing.
Ogunbanjo was alleged to have obtained Four Hundred and Fifty Million Naira (N450,000,000.00) from one Mr Olusola lkuyajesin and Five Hundred Million Naira N500,000,000.00) from one Mr Durodola Balogun under false pretences of using the money to buy stationeries.
It was also alleged that he forged an organisation’s Local Purchase Orders to carry out the acts.
His offences are contrary to the provision of sections 287, 314 and 365 of the Criminal Law of Lagos 2015.
Eighteen-Eleven Media
